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[Fundamental Duties] Supreme Court issued notice and sought the union's response in a writ petition seeking directions to the Central government to make comprehensive well defined laws/rules ensuring the adherence to the provisions of Part IV-A of the Constitution of India effectively and requiring the citizens to perform their Fundamental Duties properly. The bench issued notice in this petition filed under Article 32 by one Durga Dutt, an Advocate practicing before the Supreme Court of India. Bench: Justice SK Kaul and Justice MM Sundresh Case Title: Durga Dutt v. Union of India and Ors Click here to read more
[Suvendu Adhikari moves SC] Bharatiya Janata Party leader of opposition in Bengal, Suvendu Adhikari has approached the Supreme Court against an order of the Speaker of West Bengal Legislative Assembly dismissing the disqualification petition filed by the Adhikari herein against MLA Mukul Roy. The plea has alleged that the Speaker is seen publicly expressing his support for the All Indian Trinamool Congress and its leader Ms. Mamata Banerjee and admitting that he had joined the All India Trinamool Congress. Case Title: Suvendu Adhikari v. Hon’ble Speaker West Bengal Legislative Assembly and Ors. Click here to read more
[Boards alternative mode of assessment] In view of the Covid-19 pandemic's effect on students across the country, the Supreme Court agreed for urgent listing of plea seeking an alternate mode of assessment of students from Class X, XI, and XII of CBSE, ICSE, NIOS, and State Boards instead of an offline exam. The bench has directed the matter to be listed before Justice AM Khanwilkar, considering the urgent listing request mentioned by Advocate Prashant Padmanabhan before the CJI bench. Bench: Headed by Chief Justice of India Case Title: Anubha Shrivastava Sahai and Anr v. Union of India & Ors. Click here to read more
[Children in street situations] Supreme Court asked the officers of the State and Union Territories to extend full cooperation with the National Commission for Protection of Child Rights in the implementation of suggestions for the rehabilitation of Children in Street Situation (CISS). The bench has further directed NCPCR to conduct to periodical reviews at least once per month to monitor the implementation of the suggestions. Bench expressed concern that over 85 per cent of children remain excluded from counteracting measures due to lack of information by states & UT's. Bench: Justice L. Nageswara Rao and Justice BR Gavai Case Title: In Re: Contagion of Covid-19 Virus In Children Protection Homes Click here to read more
[Lakhimpur Kheri victims' kin move SC] The family members of the deceased farmers in the Lakhimpur Kheri violence case have approached the Apex Court challenging the Allahabad High Court's order granting bail to the key accused Ashish Mishra, son of Union Minister of State (Home) namely Ajay Mishra Teni. It has been alleged by the family members that they had to file the appeal as the State of Uttar Pradesh, where the political party of Mishra and his father is in power, has failed to file an appeal against the high court order. Case Title: Jagjeet Singh and Ors. v. Ashish Mishra Alias Monu and Anr. Click here to read more
[Parambir Singh] The Supreme Court has deemed that the investigation in the matter pertaining to former Mumbai top cop Parambir Singh is a “messy affair.” The bench further said, “Very unfortunate situation, it has the possibility to shake the confidence of people in the police system. The process of law must carry on.” The Supreme Court was hearing the petition filed by former Mumbai Police Commissioner Param Bir Singh seeking protection from coercive steps by Mumbai Police in the cases registered against him. Bench: Justices Sanjay Kishan Kaul and MM Sundaresh Case Title: Param Bir Singh v. State of Maharashtra Click here to read more
[CBSE Boards] The Supreme Court dismissed a Public Interest Litigation seeking an alternate mode of assessment of students from Class X, XI, and XII of CBSE, ICSE, NIOS, and State Boards instead of an offline exam. The bench said that "Let the authorities and students do their job, these kinds of petitions mislead the students, give false hope". The petition has been filed by Anubha Shrivastava Sahai a child rights activist and Student Union of Odisha after several students from different boards approached the petitioners raising the said grievance. Bench: Justice AM Khanwilkar and Justice Dinesh Maheshwari and Justice CT Ravikumar Case Title: Anubha Shrivastava Sahai and Anr v. Union of India & Ors. Click here to read more
[Vanniyar reservation] Supreme Court has reserved its judgment in the batch of petitions challenging the Madras High Court judgment which had declared the 10.5% internal reservation to the Vanniyar community under the existing 20% reservation to Most Backward Classes by the Tamil Nadu Government, unconstitutional. During the hearing, Senior Advocate Colin Gonsalves, appearing for the respondents in a connected matter, informed the bench that the Vanniyar Community has occupied most of the seats in the admissions of MBBS, engineering, law, and veteran sciences, and hold a dominant position amongst the backward classes. Bench: Justice L Nageswara Rao and Justice BR Gavai Case Title: Pattali Makkal Katchi & Ors. v. Mayileruperumal Click here to read more
[WB Civic polls] The Supreme Court agreed to the urgent listing of a plea filed by Bhartiya Janta Party leader Pratap Banerjee challenging the Calcutta High Court order asking the Commissioner of State Election Commission to decide as to whether the deployment of Central Paramilitary Forces is necessary for upcoming Municipal Elections. The matter was mentioned alleging that the elections are scheduled to be conducted on February 27, 2022, and the High Court has left it open for the Election Commission to decide over the deployment of Central Paramilitary Forces during the municipal elections. Bench: Chief Justice of India NV Ramana, Justice AS Bopanna, and Justice Hima Kohli Case Title: Pratap Banerjee v. State of West Bengal & Ors. Click here to read more
[PMLA challenge] Before the top court, in a batch of petitions challenging the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), Solicitor General Tushar Mehta argued that petitioners' contention that the legislation is not Indian Penal Code (IPC) Compliant, is faulty. He said that it must be Constitutionally compliant and need not be IPC compliant. However, the bench observed, “A law should be drafted in such a manner that a command man understands it, it is for the common man not for a legal mind since you are taking so long to understand, think about the plight of a common man.” Bench: Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT RaviKumar Case Title: Vijay Madanlal Chaudhary and Ors. v. Union of India & Other Click here to read more
[Tripura communal violence] The Supreme Court while hearing a petition seeking investigation into alleged inaction of Tripura police during the communal violence that ensued inside the state last October, directed the petitioners to approach the Tripura High Court instead. The bench said, “If the HC is seized of the matter, our taking up the matter now would amount to expression of no confidence in the High Court.” The bench was apprised that the Tripura High Court has initiated a suo moto proceedings in this regard, therefore, the petitioners have been granted the liberty to intervene in the ongoing proceedings before the high court. Bench: Justices Chandrachud and Surya Kant Case Title: Ehtesham Hashmi v. Union of India & Ors Click here to read more
[Suvendu Adhikari] The Top Court has directed West Bengal BJP leader Suvendu Adhikari to approach the Calcutta High Court to challenge the order of the State Assembly Speaker rejecting his petition seeking disqualification of turncoat MLA Mukul Roy. The bench noted that Adhikari had filed his writ petition under Article 32, whereas, he can approach High Court assailing the validity of the 11th February order of the speaker. However, stressing that this would only delay the matter, Sr. Adv. CS Vaidyanathan, informed the court that Mr. Roy was appointed as chairman of Public Accounts Committee for a period of one year which would expire in 4 months. Bench: Justices L. Nageshwar Rao and BR Gavai Case Title: Suvendu Adhikari v. Hon’ble Speaker West Bengal Legislative Assembly and Ors. Click here to read more
[Russia-Ukraine Crisis: Plea in SC] In view of the rising tension(s) between Russia & Ukraine, a Public Interest Litigation has been moved before the Supreme Court seeking protection of the Indian Citizens including thousands of students and families who are stranded in Ukraine. The PIL filed by Advocate Vishal Tiwari states that “Over 20,000 Indians are presently in Ukraine including 18,000 students, while the world is watching the developments in Ukraine with Russia military build-up on the borders of the country.” The plea has sought immediate Diplomatic Steps and Measures for the Escalation of the Stranded Indian Citizens including Students and families in Ukraine. Case Title: Vishal Tiwari v. Union of India Click here to read more
[Bitcoin] The Supreme Court asked the Centre to clear its stand on whether bitcoins, a cryptocurrency is legal in India or not. The bench was hearing a bail cancellation plea filed by the Enforcement Directorate (ED) against Ajay Bhardwaj in Gain Bitcoin scam. Amit Bhardwaj was arrested in March 2018 and later was granted bail by the Supreme Court on April 3, 2019. Further, today, the ED informed the Top Court that multiple summons against Bhardwaj have been issued in an alleged case involving 87,000 bitcoins and he has not cooperated in the investigation. Bench: Justice DY Chandrachud and Justice Surya Kant Case Title: Ajay Bhardwaj v. Union of India Click here to read more
[Reservation in Promotion] The Supreme Court directed the Central Government to file its affidavit giving particulars about the contemporaneous cadre wise data while considering the specific cases in a batch of petitions over the issue of reservation in promotion and seeking clarification in the Jarnail Singh case. Several states have approached the Supreme Court in a Special Leave Petition as many High Courts had struck down the provisions providing reservation in promotion along with an application seeking clarification in the Jarnail Singh case. Bench: Justice L Nageswara Rao and Justice BR Gavai Case Title: Jarnail Singh v. Lachhmi Narain Gupta Click here to read more
[WB local body polls] The Supreme Court dismissed the plea filed by a Bhartiya Janta Party leader Pratap Banerjee challenging the Calcutta High Court order over deployment of Central Paramilitary Force for West Bengal local body elections. However, Senior Advocate Paramjit Patwalia, appearing for Banerjee argued that “the State says there are no incidence of violence. It was in this scenario that we approached the court. We asked the central forces as a supplement to the State forces. There were 5 instances to show State Election Commission is leaning towards the government.” Bench: Justices Chandrachud and Surya Kant Case Title: Pratap Banerjee v. State of West Bengal & Ors. Click here to read more
[Endosulfan Pesticide exposure] A three judge bench of the Top Court issued notice in a contempt petition seeking action against the State of Kerala for not disbursing ₹5 lakh each as compensation to the victims of the endosulfan pesticide exposure. The bench was informed that despite the orders of the Supreme Court dated January 10, 2017 and July 3, 2019, compensation had not been disbursed by Kerala and no steps for compliance had been taken. In 2019, the court had issued directions to the Kerala Government to pay compensation to four children who were victims of Endosulfan. Bench: Justices Chandrachud, Surya Kant and Vikram Nath Case title: BAIJU K.G & ORS. v. VISHWAS MEHTA Click here to read more
[Gujarat Slum Dwellers] The Supreme Court has asked Gujarat slum dwellers to approach appropriate authority over the issues being faced by them while making applications under Pradhan Mantri Awas Yojna for rehabilitation post demolition of their slum near railway lines in Surat, Gujarat. A two judge bench said, "There has to be some solution, you cannot come to us without reaching out to the authorities." The bench was hearing a plea challenging order of the Gujarat High Court in a Public Interest Litigation (PIL) directing eviction of over 10,000 slum dwellers living near the railway lines in the city of Surat in Gujarat, alleging that demolition without providing a rehabilitation scheme is illegal, and violates Article 21. Bench: Justice AM Khanwilkar and Justice CT Ravikumar Case Title: Utran Se Besthan Railway Jhopadpatti Vikas Mandal v. Government of India & Ors Click here to read more
[Gangubai Kathiawadi] The Supreme Court dismissed plea seeking stalling of release of Ali Bhat starrer Gangubai Kathiawadi’s. The plea was filed by a person claiming to be her adopted son. The petitioner had filed a suit seeking injunction against Sanjay Leela Bhansali and his production company from producing, directing or airing any promo of the film which is based on a book called “Mafia Queens of Mumbai” on the ground that it contained defamatory contents. His suit was however not entertained by the trial court as well as the High Court of Bombay. He had then approached the Supreme Court by filing a Special Leave Petition. The court had yesterday suggested the makers of the movie to consider changing the title of the film. Bench: Justice Indira Banerjee and JK Maheshwari Case title: Babuji Rawji Shah v. Hussain Zaidi Click here to read more
[Coastal Regulation Zone (CRZ) Notification, 2019] The Supreme Court has issued notice on the petition challenging the Bombay High Court order which dismissed the Public Interest Litigation challenging the constitutional vires of the Coastal Regulation Zone (CRZ) Notification 2019. The court issued notice in the Special Leave Petition against an order of the Bombay High Court which stated that the National Green Tribunal (NGT) had jurisdiction to examine the Petitioner’s Constitutional challenge and that the Petitioner, therefore, ought to approach the NGT. Bench: Justice L Nageswara Rao and Justice BR Gavai Case Title: Vanashakti & Anr. v. Union of India & Ors. Click here to read more
[Plea in SC] A plea has been filed in the Top Court that seeks for direction to the Centre and the Election Commission of India (ECI) for taking steps to regulate poll manifesto and make political parties accountable for promises they make in the same. The plea has been moved by Advocate Ashwini Kumar Upadhyay and Advocate Ashwani Kumar Dubey, seeking direction to the Election Commission to seize the poll symbol and deregister/derecognise the political parties that fail to fulfil their promises made in manifesto, “Direct to the Election Commission to seize the election symbol and derecognize/deregister the political parties, which fail to fulfil their essential rational promises, made in their election manifesto.” Case Title: Ashwini Kumar Upadhyay v. Union of India Click here to read more
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